Supreme Court - Daily Orders
Hotel Horizon Pvt. Ltd. vs The New India Assurance Co. Ltd. on 4 January, 2023
Bench: A.S. Bopanna, Dipankar Datta
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
Civil Appeal No(s). 7007/2022
HOTEL HORIZON PVT. LTD. Appellant(s)
VERSUS
THE NEW INDIA ASSURANCE CO. LTD. Respondent(s)
O R D E R
Heard the learned senior counsel for the appellant as also the learned counsel for the respondent and perused the order impugned.
Though, the learned senior counsel for the appellant contends that the National Consumer Disputes Redressal Commission ( for short ‘NCDRC’) is not justified in its conclusion, we take note that the NCDRC by its earlier Order dated 19.11.2018, had disposed of the petition and has directed the final assessment. Pursuant to the said Order dated 19.11.2018, the final assessment has been done on 27.03.2019 assessing the loss of the complainant. It is in that light, the appellant is making a claim and had put forth the same in the execution petition.
The NCDRC, has through its order impugned dated Signature Not Verified 17.11.2020 has arrived at the conclusion that the course Digitally signed by Nisha Khulbey Date: 2023.01.06 16:44:36 IST Reason: adopted would not be justified and has allowed liberty to the appellant to avail its remedies in accordance with law. 2 In that regard, though, the learned senior counsel for the appellant contends that the original complaint in Consumer Complaint No. 230 of 2012 is to be restored and all claims of the appellant be allowed to be included therein, if need, by amending the petition, we are of the opinion that the said course would not be justified. However, keeping in view the fact that the final assessment was made after the disposal of the earlier petition and the liberty has been reserved by the NCDRC to the appellant to raise its claim, we permit the appellant to file fresh petition, as permitted by the NCDRC itself and put forth its claim including, based on the final assessment which was made as per the earlier direction.
Keeping in view the fact that the claim had originally been made before the NCDRC in the year 2012 and sufficient time has elapsed, we request the NCDRC to provide opportunity to both the parties and decide the fresh petition to be filed by the appellant herein, by giving precedence and as expeditiously as possible. In any event, we expect that the same be disposed of within a period of nine months from the date on which the fresh petition is filed before the NCDRC.
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All contentions of the parties are left open to be urged.
Appeal is accordingly, disposed of. Pending application(s), if any, shall stand disposed of.
...................J. (A.S. BOPANNA) ...................J. (DIPANKAR DATTA) New Delhi 04th January, 2023 4 ITEM NO.49 COURT NO.12 SECTION XVII-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 7007/2022 HOTEL HORIZON PVT. LTD. Appellant(s) VERSUS THE NEW INDIA ASSURANCE CO. LTD. Respondent(s) (IA No. 121068/2022 - EX-PARTE STAY) (IA No. 121070/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 04-01-2023 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Appellant(s) Mr. Sidharth Bhatnagar, Sr. Adv.
Mr. B. K. Satija, AOR Mr. Himanshu Satija, Adv.
Ms. Neha Mehta, Adv.
Ms. Pracheta Kar, Adv.
Mr. Aditya Sidhra, Adv.
Mr. Nadeem Afroz, Adv.
For Respondent(s) Mr. Aditya Kumar, Adv.
Mr. C. George Thomas, AOR Ms. Prachi Pandey, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)